Crowe

United States v. Crowe

Good Law
209 F. App'x 732
United States Court of Appeals for the Ninth CircuitDecember 6, 2006No. 05-50661California258 words

Opinion

Lead Opinion

MEMORANDUM **

Frank Von Crowe (“Crowe”) appeals his conviction and 188-month prison sentence for conspiracy to distribute methamphetamine, see 21 U.S.C. §§ 846 , 841(a)(1), (b)(1)(A), and possessing methamphetamine with intent to distribute, see id. § 841(a)(1), (b)(1)(A). We affirm.

Viewing the evidence in the light most favorable to the prosecution, the evidence presented at trial establishes that Crowe knowingly possessed methamphetamine with intent to distribute, and intentionally participated in a conspiracy to distribute methamphetamine. See United States v. Kilby, 443 F.3d 1135, 1139 (9th Cir.2006); United States v. Weber, 320 F.3d 1047, 1050-51 (9th Cir.2003) (reviewing sufficiency of evidence challenge for plain error where defendant failed to move for a judgment of acquittal). We decline to reach Crowe’s ineffective assistance of counsel claims because the proper avenue to bring these claims is on collateral attack of his conviction. See United States v. Velte, 331 F.3d 673, 681 (9th Cir.2003). Although the district court technically violated Federal Rule of Criminal Procedure 32(i)(l)(A), it was harmless error. See United States v. Sustaita, 1 F.3d 950, 953-54 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.